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k'XECUTED IN TRIPLICATE) <br />PERFORMANCE BOND <br />TRAVELERS BOND NO.: 105402146 Contract #2010-00024 <br />LIBERTY BOND NO. 190-022-805 Job #4586 <br />KNOWALL MEN BY THESE PRESENTS. That we KNIFE RIVER CORPORATION-NORTHWEST <br />as principal, and LIBERTY MUTUAL INSURANCE COMPANY AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA + aS surety, are jointly artd <br />severally held and bound unto the CITY OF EUGENE, in Lane County in the sum of. $ 775 077.50 <br />( SEVEN HUNDRED SEVENTY FIVE THOUSAND SEVENTY SEVEN DOLLARS AND FIFTY CENTS 1 <br />for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators and assigns or <br />successors and assigns, firmly by these presents. <br />THE CONDITION OF THIS BOND IS SUCH that, whereas the said principal herein has made and entered into a <br />certain contract, a copy of which is attached hereto, with the CITY OF EUGENE which contract, together with the <br />applicable plans, Standard Specifications, Special Specifications, and schedule of contract prices, is by this reference <br />made a part hereof, whereby the said principal agrees to do in accordance with the certain terms, conditions, <br />requirements, plans and specifications which set out in said contract and all authorized modifications of the contract <br />which increase the amount, of the work and-the-amount-of contract. Notice._toAhe surety of any of the_immediately <br />foregoing are waived. <br />NOW, THEREFORE, if the principal herein shall faithfully and truly observe and comply with the terms, conditions <br />and provisions of the said contract, in all respects, and shall well and truly and fully do and perform all matters and <br />things by hire undertaken to be performed under said contract, upon the terms set forth therein, and within the time <br />prescribed therein, or as extended as provided in the contract, and shall indemnify and save harmless the CITY OF <br />EUGENE, its officers, employees, and agents, against any direct or indirect damages of every kind and description <br />that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the said <br />contract by the said Contractor or his Subcontracts and shall in all respects perform said contract according to law, <br />then this obligation is to be void, otherwise to remain in full force and effect. <br />Nonpayment of the bond premium will not invalidate this bond nor shall the CITY OF EUGENE be obligated for the <br />payment thereof. <br />WITNESS our hands this 17TH day of MAY <br />20 10 <br />KNIFE F3IV-E-R-G0,RPORATION -NORTHWEST <br />1'ziuaci~~l <br />Bye\\' <br />Authorized Official Signature DAVE BULL <br />PRESIDENT <br />Principal <br />By <br />Authorized Official Signature <br />By <br />By <br />Authorized Official Signature Authorized Official Signature <br />SURETY:LIB M U SURANCE COMPANY <br />Surety TRAVEL FRS CASUALTY AND SURETY COMPANY OF AMERICA By <br />Attzztey in-Fact HEIDI L. SMITH <br />By <br />K el C_ Agent <br />HEIDI L. SMITH, ATTORNEY-IN-FACT (A Power of Attorney for <br />the Attorney-in-Fact must <br />be attached to this Bond) <br />Surety's Seal must be Affixed <br />